David Brewster, a summer law clerk with Otten Johnson, authored this post. David is a rising third-year law student at the University of Denver Sturm College of Law.

Rapid population growth and lagging infrastructure development in the Denver Metro Area are re-energizing a debate between advocates of long term growth strategies and “slow-growth” advocates. Recently, a Lakewood-based grassroots group known as Strategic Growth for Lakewood submitted more than 7,500 signatures supporting a growth management initiative for the upcoming general election. The initiative’s proposed ordinance would limit new residential unit developments to 1% of exiting units in a given year. Additionally, the ordinance would require City Council approval and public hearings for projects of 40 or more residential units. Continue Reading Revitalizing a Rocky Mountain Debate: “Slow-Growth” Strategies v. Long-Term Planning

As previously reported on this blog a Colorado Court of Appeals decision in 2015 allowed a developer/declarant to retain a right to consent to amendments to a common interest community’s declaration that require arbitration of construction defect claims.

The Colorado Supreme Court has now weighed in on the case involved, which is known as Vallagio at Inverness Residential Condo. Ass’n v. Metro. Homes, Inc., affirming the decision of the Court of Appeals.

Vallagio involved a residential development in which the declaration, created pursuant to the Colorado Common Interest Ownership Act (“CCIOA”) included certain dispute resolution provisions, including an arbitration requirement.  The dispute resolution provisions also stated that those provisions could “not ever be amended without the written consent of the Declarant,” who was the developer of the project. Continue Reading Colorado Condominium Construction Defect Issue: Colorado Supreme Court Affirms the Right of Declarants for Condominium and Other Common Interest Communities to Require Binding Arbitration of Disputes

A survey of the two lots in question. Source: Pacific Legal Foundation.

In a 5-4 decision announced today, the U.S. Supreme Court held that Wisconsin could prohibit development of a subdivision lot—while allowing development on an adjacent lot owned by the same family—without paying just compensation.  The Court’s decision is a victory for states and local governments and a loss for property rights advocates. Continue Reading U.S. Supreme Court Finds No Regulatory Taking in Wisconsin Case

Colorado Convention Center, Denver Credit: Dan
Colorado Convention Center, Denver
Credit: Dan

A Denver City Council committee has taken the first step toward creating Colorado’s first-ever tourist improvement district.  On Wednesday, June 7, the Business, Arts, Workforce & Aeronautical Services committee unanimously approved Bill 17-0653, authorizing the district, which is designed as a mechanism to help fund tourism-related facility improvements and services like the upcoming $233 million Colorado Convention Center expansion project. Continue Reading Denver City Council Advances Tourist Improvement District Proposal

Rows of tiny houses await final construction details from volunteers.
Rows of tiny houses await finishing touches from volunteers, which include future residents.

About two weeks into construction, the “Beloved Community Village” is taking shape on an otherwise vacant lot near 38th and Brighton. According to the group organizing volunteers for the build, the project for people experiencing homelessness currently has more volunteers than work, but encourages those who want to help to drop by with snacks, a donation, or just to say hi. As covered in an earlier blog post, the community will include eleven individual shelters, as well as shared kitchen and bathroom facilities.